FEATURED ARTICLE
David and Goliath Battle for Inclusion by David Cawthorn
David Cawthorn is a disability advocate and the respondent in the High Court case of Citta Hobart Pty Ltd and Anor v Cawthorn. David’s complaint is supported by the ParaQuad Association of Tasmania with legal support from the Hobart Community Legal Service and a number of barristers.
The following article was originally published in The Mercury newspaper on 24 February 2021.
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or almost four and half years, a David and Goliath battle has been fought through the legal system, from Tasmania’s Anti-Discrimination Tribunal to the Supreme Court to the Full Court of the Supreme Court and now the High Court of Australia. I am the David in this story. At its core, the case is about ensuring equal access to Parliament Square, the $200M+ public plaza being developed behind Parliament House in Hobart. While there are two accessible entrances to the Square off Murray St and Salamanca Place, anyone coming from the Hobart waterfront to the Square would have to travel a considerable distance up these steep
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roads to get to them because the closest (and lowest) entry point has only a flight of stairs. We want a lift installed at this flight of stairs so that people using wheelchairs, families with prams and older people do not have to fight their way up the steep incline on Murray St or have to push an extra 250 metres around Parliament House and up Salamanca Place to access the public plaza with its open spaces and amenities. My original complaint under state anti-discrimination law was about access to a public space and not about access to any particular building. The complaint did not resolve through conciliation so was referred to the Tasmanian Anti-discrimination Tribunal for determination. In support of my case, two Access Consultants had both prepared detailed reports and were both due to fly into Hobart to give evidence. However, just before the Tribunal was due to hear the case, the developer argued that the Federal Premises Standards override the State Act (and therefore knock out the complaint made under that Act) and that the development as a whole complied with those Standards.
THE MAGAZINE FOR THE ASSOCIATION OF CONSULTANTS IN ACCESS AUSTRALIA
